Decided on October 22,2007

P.M.SINGH Appellant
C.B.I. Respondents


- (1.) THE Petitioner invokes revisional jurisdiction of this Court, under Section 397, cr. P. C. against the order dated 12. 03. 2007 of the Court of Special Judge (CBI), New delhi in RC No. AC-2/2003a-0003. The court dealt with an application moved by him, while hearing arguments on charge. The cbi, in its charge sheet, alleged that she was guilty of committing offences under section 120-B read with Section 420 IPC and Section 13 (1) (d) read with section 13 (2) of the Prevention of Corruption Act, 1988.
(2.) THAT the brief facts necessary to decide the controversy in these proceedings, are narrated below. The Petitioner is an officer of Indian Administrative Services, 1972 batch. She joined the office of New Delhi municipal Council (hereinafter referred to as the "ndmc") as its Chairperson. Her rank was Additional Secretary, which is above the rank of Joint Secretary. She functioned as Chairman, NDMC from 01. 11. 2002 to 30. 03. 2003. On 09. 07. 2003, a first information report (FIR) being RC No. AC-2/2003a-0003 was registered by the central Bureau of Investigation (CBI) under section 120-B read with section 420 Indian penal Code (IPC) and Section 13 (1) (d)read with section 13 (2) of the Prevention of Corruption Act, 1988. The petitioner was named at Serial No. 1 in the list of the accused, along with other officials of NDMC.
(3.) THE allegations against the petitioner in the said FIR were that while she was posted as Chairperson, NDMC, she along with other persons entered into a conspiracy whereby. She and other public servants, by abusing their official position had sought to cause favour to Shri K. L. Bhatia and Smt. Prem lata Bhatia (co-accused) by allowing their claim for regularizing unauthorized structures and also by issuing a lodging house license to them. While the investigation was in its preliminary stages, parliament, by Act No, 45 of 2003 i. e the central Vigilance Commission Act, of 2003 (hereafter "cvc Act") made amendments inter alia to Delhi Special Police Establishment act, 1946 (hereafter "1946 Act") by introducing provisions including Section 6a. The said provision reads as follows: "section 6a : Approval of Central government to conduct inquiry or investigation: (1) the Delhi Special Police establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption Act, 1988 (49 of 1988)except with the previous approval of the Central Government where such allegation relates to - (a) the employees of the Central government of the level of Joint secretary and above; and (b) such officers as are appointed by the Central Government in corporations established by or under central Act, Government companies, societies and local authorities owned or controlled by that Government. (2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other that legal remuneration referred to in clause of the Explanation to section 7 of the prevention of Corruption Act, 1988 (49 of 1988)". ;

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